What is vet24x7
The domain name www.vet24x7.com, an internet based portal and vet24x7 a mobile application, is operated by shikhapi opc Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “vet24x7” or “We” or “Our” or “Us” or “Company”) having registered office at north khagrabari, district -cooch behar, pin-736179. The domain name and the mobile application are collectively referred to as the “Website”.
The Website is a platform that facilitates (i) online purchase of feed supplements and nutritional supplements products sold by various third party seller and by the Company; Further the Website also serves as an information platform providing animal health and wellness related information (“Information Services”) to the Users accessing the Website
the Indian Contract Act, 1872 (“Contract Act”);
the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by vet24x7 in this regard. As part of the registration process, vet24x7 may collect the following personal information from You:
Address (including country and ZIP/ postal code);
Password chosen by the User;
Valid financial account information; and
Other details as You may volunteer.
A registered id can only be utilized by the person whose details have been provided and vet24x7 does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify vet24x7 if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by vet24x7 for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, vet24x7 may allow authorized third parties to place or recognize a unique cookie on the Your browser. vet24x7 does not store personally identifiable information in the cookies.
USE OF SERVICES AND THE WEBSITE
E-Commerce Platform for l Products –
Platform to facilitate transaction of business:
Through the Website, vet24x7 facilitates the purchase of drugs and other l products, and services offered for sale by Third Party Seller. You understand and agree that vet24x7 and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party seller, are third party user generated contents and third party products. vet24x7 has no control over such third party user generated contents and/ Goods and Services and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Goods and Services made available by the Third Party through the Website shall be the sole responsibility of the Third Party seller. You understand and agree that vet24x7 shall have no liability with respect to the authenticity of the Goods and Services being facilitated through the Website.
You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Goods and Services which are offered by and agreed to between You and the Third Party Seller and the contract for purchase of any of the l Goods and Services, which are offered for sale on the Website by the Third Party Seller shall strictly be a bipartite contract between the Third Party Seller and You.
The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to l Goods and Services offered for sale by the Third Party Seller, and after sales services related to such l Goods and Services are as provided by the Third Party Seller. vet24x7 does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Seller.
Representation as to legal title
vet24x7 does not make any representation or warranty as to legal title of the l Goods and Services offered for sale by the Third Party Seller on the Website.
At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with vet24x7 nor shall vet24x7 have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such l Goods and Services shall always vest with the Third Party Seller, who are advertising or offering them for sale on the Website and are the ultimate sellers.
You agree and acknowledge that the Third Party Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Seller do not have the sole and exclusive legal ownership over the l Goods and Services that have been offered for sale on the Website by such Third Party Seller, or did not have the absolute right, title and authority to deal in and offer for sale such l Goods and Services on the Website.
Non-Performance of Contract
You accept and acknowledge the following:
vet24x7 is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Seller for purchase and sale of goods or services offered by such Third Party Seller on the Website;
vet24x7 cannot and does not guarantee that the concerned Third Party Seller will perform any transaction concluded on the Website;
The Third Party Pharmacy(s) are solely responsible for ensuring that the l Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, vet24x7 is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of l Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
vet24x7 shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Seller. In particular, vet24x7 does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. vet24x7 shall, on a request in writing made by You after the purchase of any l Goods and Services on the Website, provide You with information regarding the Third Party Seller from which You have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address and any other information necessary for communication with the Third Party Pharmacy for dispute resolution.
You agree and acknowledge that the respective Third Party Seller are exhibiting Third Party Content which includes catalogue of drugs/ l products or services, and information in relation to such drugs/ l products or services, on the Website.
The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Seller on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
You acknowledge and agree that such Third Party Seller shall be solely responsible for ensuring that such Third Party Content made available regarding the l Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the l Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such l Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that vet24x7provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that vet24x7 has not played any role in the ascertainment of the actual impact/ effect of any l Goods and Services being offered for sale by the Third Party Seller on the Website. You agree and acknowledge that You shall not hold vet24x7 responsible or liable for any damages arising out of such reliance on third party user generated content by You.
Invitation to offer for sale
Editorial Policy for the Website –
As part of the Services, vet24x7 provides vet24x7 Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. vet24x7 Content is subject to the following rules/ information:
vet24x7 Content is original and is relevant to the general public;
topics for vet24x7 Content are selected by Our board of qualified experts consisting of certified veterinary experts, pharmacist and medical professionals;
Return, Refund, Cancellation and Shipping charges:
Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
belongs to another person and to which the such Covenanter does not have any right;
is grossly harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
impersonates another person;
is harmful to child;
deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any vet24x7 Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by vet24x7;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Covenanters;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the vet24x7 Content or other information available from the Website; and
framing or hotlinking or deeplinking any vet24x7 Content.
The Other Parties shall not hold vet24x7 responsible or liable in any way for any disclosures by vet24x7 under Regulation 6 of the SPI Rules.
The Services provided by vet24x7 or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). vet24x7 does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. vet24x7 does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the vet24x7 Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
The Website may be linked to the website of third parties, affiliates and business partners. vet24x7 has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that vet24x7 endorses the linked website. Other Parties may use the links and these services at their own risk.
vet24x7 shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; vet24x7 shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
Users accept and acknowledge that vet24x7 does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. vet24x7 also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
The Other Parties further accept and acknowledge that vet24x7 does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the vet24x7 Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by vet24x7 or any Third Party Service Providers in relation to any Services provided by vet24x7.
vet24x7 assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
To the maximum extent permitted by applicable law(s), vet24x7, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
vet24x7 disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the l Goods and Services will be of the concerned Third Party Labs or the Third Party Seller as the case may be.
The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. vet24x7 reserves the right to retain such information for the purpose of providing Services to the Users.
With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, vet24x7 will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
Modification of Website
vet24x7 reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that vet24x7 will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
Intellectual property rights
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Compliance of Applicable Law
not accessing the Website; or
closing their accounts for all of the Services that they use.
vet24x7 is unable to verify or authenticate any information provided to vet24x7 by Other Party(s); or
vet24x7 believes, in its sole discretion, that Other Party(s) actions may cause legal liability for vet24x7 (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
vet24x7 is required to do so by law; or
if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for vet24x7 to provide the Services to the Other Party(s); or
The provision of the Services to the Other Party(s), or to the general public, is in vet24x7’s opinion, no longer commercially viable; or
vet24x7 has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
vet24x7 may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
The right to terminate/ suspend the account is in addition to, and without prejudice to, vet24x7’s right to initiate action against the Other Party(s), in accordance with applicable law.
Governing Law and Dispute Resolution
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.